Mid West Ports Authority
[2023] FWCA 1063
•13 APRIL 2023
| [2023] FWCA 1063 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Mid West Ports Authority
(AG2023/829)
MID WEST PORTS AUTHORITY MARINE PILOTS ENTERPRISE AGREEMENT 2023
| Port authorities | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 13 APRIL 2023 |
Application for approval of the Mid West Ports Authority Marine Pilots Enterprise Agreement 2023.
An application has been made for approval of an enterprise agreement known as the Mid West Ports Authority Marine Pilots Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mid West Ports Authority. The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.
The Australian Maritime Officers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 April 2023. The nominal expiry date of the Agreement is 12 April 2027.
DEPUTY PRESIDENT
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Annexure A
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